(1) (a) At the juvenile's first appearance before the court, after the detention hearing or at the first appearance if the juvenile appears on a summons, the court shall advise the juvenile and his or her parents, guardian, or other legal custodian of the juvenile's constitutional rights and legal rights as set forth in rule 3 of the Colorado rules of juvenile procedure, including, but not limited to, the right to counsel. The advisement shall include the possibility of restorative justice practices, including victim-offender conferences if restorative justice practices are available in the jurisdiction. The advisement regarding restorative justice practices does not establish any right to restorative justice practices on behalf of the juvenile.
If the respondent has made an early application for appointed counsel for the juvenileand the office of the state public defender has made a preliminary determination that the juvenile is eligible for appointed counsel as set forth in section 21-1-103 or if the court has appointed counsel for the juvenile pursuant to section 19-2-508 (2), an attorney from the office of the state public defender or, in the case of a conflict, from the office of alternate defense counsel, shall be available to represent the juvenile at the juvenile's first appearance, as described in subsection (1)(a) of this section.
If the respondent has not made an early application for appointed counsel for thejuvenile but the juvenile requests appointment of counsel at the first appearance, the court shall determine if the juvenile is eligible for counsel pursuant to paragraph (a) of subsection (2) of this section.
As used in this subsection (1), unless the context otherwise requires, "early application" means that the respondent has contacted the office of the state public defender and applied for representation of the juvenile by the state public defender not less than five days before the juvenile's scheduled court date for the first appearance and has provided sufficient information to the office of the state public defender to allow that office to make a preliminary determination of eligibility for representation.
Failure of the juvenile's parent, guardian, or legal custodian to apply for courtappointed counsel may not be construed as a waiver of the right to counsel or any other rights held by the juvenile.
(2) (a) If the juvenile and his or her parents, guardian, or other legal custodian are found to be indigent pursuant to section 21-1-103 (3), or the juvenile's parents, guardian, or other legal custodian refuses to retain counsel for the juvenile, or the court, on its own motion, determines that counsel is necessary to protect the interests of the juvenile or other parties, or the juvenile is in the custody of the state department of human services or a county department of human or social services, the court shall appoint the office of state public defender or, in the case of a conflict, the office of alternate defense counsel for the juvenile; except that the court shall not appoint the office of the state public defender or the office of alternate defense counsel if:
The juvenile has retained his or her own counsel; or
The juvenile has made a knowing, intelligent, and voluntary waiver of his or herright to counsel, as described in paragraph (c) of this subsection (2).
(b) (I) If the court appoints counsel for the juvenile because of the refusal of the parents, guardian, or other legal custodian to retain counsel for the juvenile, the parents, guardian, or legal custodian, other than a county department of human or social services or the state department of human services, shall be advised by the court that if the juvenile's parent, guardian, or legal custodian is determined not to be indigent pursuant to section 21-1-103 (3), then the court will order the juvenile's parent, guardian, or legal custodian, other than a county department of human or social services or the state department of human services, to reimburse the court for the cost of the representation unless the court, for good cause, waives the reimbursement requirement. The amount of the reimbursement will be a predetermined amount that:
Shall be set by the supreme court, in consultation with the office of the state publicdefender and the office of alternate defense counsel;
Shall be included in the chief justice directive concerning the appointment of statefunded counsel in criminal and juvenile delinquency cases; and
May be based partly or entirely upon the stage a proceeding has reached when counsel is appointed, the stage a proceeding has reached when representation is terminated, or both.
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, if the court finds that there exists a conflict of interest between the juvenile and the juvenile's parent, guardian, or legal custodian such that the income and assets of the parent, guardian, or legal custodian are unavailable to the juvenile, then the court shall consider only the juvenile's own income and assets for the purpose of determining whether to issue an order for reimbursement pursuant to this paragraph (b).
(c) The court may accept a waiver of counsel by a juvenile only after finding on the record, based on a dialogue conducted with the juvenile, that:
The juvenile is of a sufficient maturity level to make a voluntary, knowing, and intelligent waiver of the right to counsel;
The juvenile understands the sentencing options that are available to the court in theevent of an adjudication or conviction of the offense with which the juvenile is charged;
The juvenile has not been coerced by any other party, including but not limited tothe juvenile's parent, guardian, or legal custodian, into making the waiver;
The juvenile understands that the court will provide counsel for the juvenile if thejuvenile's parent, guardian, or legal custodian is unable or unwilling to obtain counsel for the juvenile; and
The juvenile understands the possible consequences that may result from an adjudication or conviction of the offense with which the juvenile is charged, which consequences may occur in addition to the actual adjudication or conviction itself.
(d) The appointment of counsel pursuant to this subsection (2) shall continue until:
The court's jurisdiction is terminated;
The juvenile or the juvenile's parent, guardian, or legal custodian retains counsel forthe juvenile;
The court finds that the juvenile or his or her parents, guardian, or other legal custodian has sufficient financial means to retain counsel or that the juvenile's parents, guardian, or other legal custodian no longer refuses to retain counsel for the juvenile; or
The court finds the juvenile has made a knowing, intelligent, and voluntary waiverof his or her right to counsel, as described in paragraph (c) of this subsection (2).
Source: L. 96: Entire article amended with relocations, p. 1653, § 1, effective January 1, 1997. L. 2008: (1) amended, p. 226, § 3, effective March 31. L. 2011: (1) amended, (HB 111032), ch. 296, p. 1405, § 12, effective August 10. L. 2013: (1) amended, (HB 13-1254), ch. 341, p. 1988, § 7, effective August 7. L. 2014: (1) and (2) amended, (HB 14-1032), ch. 247, p. 951, § 4, effective November 1. L. 2018: IP(2)(a) and IP(2)(b)(I) amended, (SB 18-092), ch. 38, p. 414, § 46, effective August 8. L. 2019: (1)(b) amended, (SB 19-108), ch. 294, p. 2729, § 26, effective July 1.
Editor's note: (1) This section was formerly numbered as 19-2-402. Prior to relocation in 1996, the said section 19-2-402 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) The former section 19-2-706 was relocated to section 19-2-308 when this article was amended with relocations in 1996.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.